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Rape Insurance and punishment

9th April 1999      PK Joseph @gto.net.om

The punishment for rape suggested by Honorable home minister L.K.Advani is
welcomed by many people. There is another side to this. Depending on the
harshness of punishment the judiciary normally is hesitant to punish and
give the chance of doubt to the criminal. For example if the punishment for
rape is 5 years then about 35% of the culprits are punished. But if the
punishment is 20 yr. then may be 10% will be punished. This is one of the
reasons that most of the higher rated crimes go unpunished and petty
criminals go in for lesser period. So the 20 yr. will get many of them
escape. However whether the punishment is 5 years or 20 years the victim is
not properly compensated for physical and mental abuse she received. An
insurance against this will be paid by the taxpayers money ?. The effective
way is to get all the movable/immovable property confiscated of the accused
and given to the victim. Why we pay for the insurance when somebody with his
sick mind rape a women and she get compensated. The culprit and all his clan
should pay for it. If the culprit doesn't have money then he should be made
to work forcefully (like he forced the women) and that to be paid to the
poor women. Sending people to jail and feed them healthy food and
comfortable life in a secure place ( with armed police guards ) we the
taxpayers pay for them?. While we live outside in an insecure place ( where
we have no guards and any time can be pushed from a train or knocked of by a
car) and who pays for us?

P.K.Joseph.

Will appreciate if inmates give their opinions.


12th April 1999      Ospak @giascl01.vsnl.net.in

Dear Joseph,

Though your message sounds funny, the logic behind your suggestion is
simply superb. Indeed you have given a very nice idea and hope it will
manage to reach the government !!! 

Regards 

Durga


12th April 1999      B Purniah @igcar.ernet.in>

Dear joseph,
I also feel very strongly that compensation for rape should be paid by the
culprit. Further, their photos should be publicised so that they are
exposed in society. Purniah
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13th April 1999      PK Joseph @gto.net.om

Thank you for responding. My idea is very funny. The chief of the
criminology department  of Kerala was interviewed by Asianet TV regarding
this subject and he came with lot of examples of cases where the judges
let go of the offenders in murder cases etc giving benefit of doubt
because the punishment was too harsh and  the judges will never admit that
as a reason.

We are overlooking two problems. If the court send a criminal to jail for
long term or if he is given death what happens to victim and his
dependents?  Since there is nobody there to take care of them they will
also become criminals for survival. Likewise the Criminal's dependent also
will become criminals since he is in jail and nobody is to look after
them.

So we are creating more criminals. I am not saying they should not be
punished. But to find a solution for the survival of the dependents of the
victim and criminals is also the duty of the judges. 

Insurance is one of the solution but who pays for it. Me! NO WAY. I am
working in an Arab Country. The system here is that if one kills he goes
to jail and there is blood money to be paid according to the number of
dependents of the victim. If he can't pay then his "Kapila" or tribe 
collect the money and pay for the blood money and also they look after the
family of the culprit. If the tribe can't pay then atleast they look after
the culprits family. There is no written rule for this but it is a
traditional practise. If the victim is an expatriate Muslim then his
dependents get about US$13000 and if not muslim US$ 8000/-. If the victim
is a national sometime the blood mony could be as high as US$ 130000/-.

We in India can't follow this for obvious reasons. But we can find a
solution for this. The Chief of the criminology department was saying that
all the money the pick-pick pocketers took from the people in India after
independence is not even one % of the money the people looted by the teak
and goat farms and the time-share resort offer in one year. But he says
not even 5%  of the people lodge a complaint for fear of shame.

P.K.Joseph.
[email protected]

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